The Commissioner Of Income Tax-15 v. M/S. Velentine Developers

85-ITXA-263-2015-88-ITXA-266-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.263 OF 2015 WITH INCOME TAX APPEAL NO.266 OF 2015 THE COMMISSIONER OF INCOME TAX-15 )...APPELLANT V/s.

M/S.VELENTINE DEVELOPERS )...RESPONDENT Mr.A.R.Malhotra, Advocate for the Appellant.

Mr.P.C.Tripathi i/b. Mr.A.K.Jasani, Advocate for the Respondent.

CORAM

:

S.V.GANGAPURWALA & A. M. BADAR, JJ.

DATE :

10th JULY 2017 P.C. :

This appeals pertain to Assessment Years 2006-2007 and 2007-08. We have heard Mr.Malhotra, the learned counsel for the appellant and the learned counsel for the respondent. Upon hearing the learned counsel, it appears that the issues raised in the present appeals are covered by the judgment avk 1/2

85-ITXA-263-2015-88-ITXA-266-2015.doc of Apex Court in the case of Commissioner of Income Tax vs. Sarkar Builders reported in [2015] 375 ITR 392 and of this court in the case of Brahma Associates reported in 333 ITR 289.

The Tribunal has considered the said judgment of this court in Brahma Associates (supra).

In light of the above, the issues raised in the present appeals are not res integra and the same stand adjudicated against the Revenue, in view of the aforesaid judgments. The appeals are, as such, dismissed. No costs. (A. M. BADAR, J.) (S.V.GANGAPURWALA), J.) avk 2/2